Delhi University professor GN Saibaba and five others were, on Tuesday, convicted by Maharashtra's Gadchiroli court under Unlawful Activities (Prevention) Act in a case of having Maoist links. While Saibaba and four others were given a life sentence, one Vijay Tirke, was given a ten sentence.
Judge SS Shinde convicted Saibaba under sections 13, 18, 20, 38 and 39 of the Unlawful Activities (Prevention) Act which deals with conspiracy, being a member of a terrorist gang or organisation, and offences relating to support given to a terrorist organisation. Saibaba is currently out on bail.
"Court has said these six people are guilty of 'continuos offense' and not a single event and because of them, the district is facing Naxal violence for years," Abhinav Deshmukh, SP, Gadchiroli said.
The court judgement pertaining to the conviction and sentencing.
The Defence argued that National Investigative Agency (NIA) should have probed the case and not the Gadchiroli Police. It said that the electronic evidence against Saibaba and others was tampered with and the witnesses tutored. Saibaba, JNU student Hem Mishra, former journalist Prashant Rahi, Mahesh Tirki, and Pandu Narote have been given the life sentence, while Vijay Tirke has been sentenced to ten years of rigorous imprisonment. He had acted as a courier.
"Court observed that despite 90% disability, Saibaba's work was not restricted. His mental abilities are fine, and he is attending conferences in India and abroad. So disability can't be (a) ground of leniency," special prosecutor P Sathianathan said. Court also relied on electronic evidence seized from Saibaba's House in New Delhi which showed his direct involvement into Naxal activities, and also on confessional statements of three accused who were involved in logistics.
The defence lawyer did not counter the allegations.
Hem Mishra was arrested along with Mahesh Tirkey and Pandu Narote at Aheri in Gadchiroli district in August 2013. Based on the leads provided by them, Prashant Rahi and Vijay Tirkey were then arrested from Deori in Gondia district.
Saibaba was arrested in May 2014 by Maharashtra's Gadchiroli police on charges of being a member of the banned CPI (Maoist), providing logistics and helping in recruitment for the group.
An English professor at Ram Lal Anand College, Saibaba was suspended from DU following his arrest by Maharashtra Police in 2014 for alleged Maoist links. He was lodged in Nagpur Central Jail for 14 months and granted bail in July 2015 after the court noticed his deteriorating health condition. However, the bail was canceled and he was re-arrested in December last year.
The Supreme Court had, in December 2016, given him bail saying that the Maharashtra government had been "extremely unfair" to him. He had then written to the DU requesting for reinstatement of his services following which the governing body had constituted a one-member committee to look into the issue.
While the Delhi University Teachers Association (DUTA) was supporting the 90% disabled professor on reinstatement, a group of students led by members of ABVP were opposing it, claiming the move would have a "bad influence" on students.
Back then, Saibaba had visited the college thrice, once to submit his letter and twice to attend a two-day college event. All his visits were met with protests from members of the ABVP, who allegedly tried to attack him. Earlier, Ram Lal Anand College had asked Saibaba to not enter the college without prior permission as it created "law and order" problems.
With inputs from Kanchan Srivastava
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